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As per the regulation published in Federal Register, DHS Plans to implement H4 and H4 EAD premium processing by FY 2025. First, USCIS adjudicates the H4 petition, after which they start working on the H4 EAD petition. The H-4 visa is considered a dual intent visa, which means that you can pursue a green card without jeopardizing your nonimmigrant status. Update 3 May 2022 - USCIS has issued a temporary final rule which helps increase the 180-day auto extension to 540 days (1.5 years in total). As an H-4 immigrant who receives an EAD, you are able to renew your authorization for as long as you maintain eligibility in accordance with, In order for individuals to maintain H-4 status, they must be in the United States and in order to apply for employment authorization you must be in H-4 status. For now, the biometrics requirement has been suspended - but by the time USCIS is implementing the long-awaiting H-4 premium processing, the biometrics requirement will be back and USCIS will continue to have an excuse not to take any action on these cases - even when the applicant is desperately trying to pay them an extra $3,250 to get a decision on these applications within 30 days . What's New on VisaGrader? I had filed for renewal before the expiration. Employment Authorization for Certain H-4 Dependent Spouses | U.S. It can take approx. Hello @Anil_Gupta , Thanks for your prompt response. US Congress passed Bill HR 8337 which added provisions for H4 visa extensions, change of status(COS) that use form I-539, and H4 EAD that use form I-765. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. What are my chances of getting these approved at the earliest as my EAD expires on 10/10? If the record label or publishing house you work with is based outside of the United States, you can continue to create new music or write new books as a part of your professional deal. One of the biggest advantages of gaining employment authorization through your H-4 status is having unrestricted work authorization which means you are not limited to a specific employer and can even consider self-employment. H4 EAD processing time varies from 4-8 months in Vermont, Texas, Nebraska, and California service centers. This rule applies to people whose H-4 EAD is pending. Readers are responsible for obtaining such advice from their own legal counsel. The Senate had passed the HR 8337 bill which adds Premium Processing service for H4 and L2 extensions including H4 EAD and L2 EAD applications. Be aware that the USCIS cannot adjudicate your I-765 until they make a determination about the H-1B spouses eligibility for status. USCIS intends to begin implementing, through a phased approach, premium processing availability of Form I-539, Form I-765 and Form I-140 in fiscal year 2022. Thanks. Select your form, form category, and the office that is processing your case. It might seem like you shouldnt need an EAD if you work for yourself or charge money for your hobbies. RN Law group reached court settlement. You definitely clarified my doubt. You will also need to submit to a biometrics appointment (fingerprints), which will cost $85, bringing the total H-4 EAD cost to $495. If you have not requested premium processing service, you can call 800-375-5283 for general information about the program. Tags: can h4 ead be applied with i140 premium processing, can i attach my wife's h4 ead renewal application along with my h1b extension premium processing, can yo do premium processing for h4 ead, does h4 ead gets . The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. So there is no need to worry about having your petition rejected on that account. In order for individuals to maintain H-4 status, they must be in the United States and in order to apply for employment authorization you must be in H-4 status. However, the general average for the H-4 EAD processing time is around 90 days or 3 months. What Is Premium Processing for H4 EAD Through USCIS? If I dont have a Social Security Card but have an approved H4 EAD, can I start working with an ITIN? If you have additional questions not included on this H-4 EAD FAQ page, please contact a VisaNation Law Group attorney to schedule a. , there is no annual cap to the H-4 EAD. It was with the Office of Management and Budget (OMB) for a long time until February 2022. The regulation implements Congress's October 2020 legislation directing USCIS to expand premium processing service to a number of additional case types . If you have additional questions not included on this H-4 EAD FAQ page, please contact a VisaNation Law Group attorney to schedule a consultation. It will be part of future phases of rollout of premium processing for forms I-539 and I-765. However, getting an H4 can be a complex process. 2023 Cohen, Tucker & Ades P.C. Wait for your date to become current 6. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. EB1-C i-140 premium to start in 2022. If you have an H4 visa and want to start working immediately, you might be interested in how long it takes to get an EAD. Any luck on your side? Theyre misleading you and likely taking advantage of you. Check your inbox to confirm your email and download the free e-book. Theyve also created time cycles for processing certain types of applications, giving themselves a maximum of 6 months to process many important types of documents. It is a service that is reserved for visas that require the I-129 and I-140 petitions, so it could potentially be used for your spouses H-1B or green card petitions. Below is our H4 visa EAD FAQ series based on information released by USCIS. EB1-A (Alien of Extraordinary Ability) - WeGreened.Com you can request an extension from USCIS. Unfortunately, you will be responsible for all H-4 fees. An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. The premium processing time for H4 COS, extensions cannot exceed 30 days, Premium processing clock for H4 extensions and COS will start only after the pre-requisites are met. The fee will vary from $1500 to $2500 for other types of applications. 5. They aim to reach these goals by end of 2023 which itself is about 1.5 years away. Therefore, it will be valid for as long as the H-1B is valid, which is an initial period of three years with the opportunity to extend it to a maximum of six. 3. Each . A copy of your last EAD. Since there are no restrictions on self-employment for the H-4 EAD, you technically are not prohibited from hiring employees if you begin your own business with your work authorization. No, you do not need to show that working is a necessity for your financial stability in the U.S. Each case varies depending on the service center that is processing the petition. This is likely due to the pandemic and an increase in requests for immigration benefits as a result of the ongoing conflict in Ukraine and political strife in countries like Haiti and Venezuela. As an H4 visa recipient, your visa isnt considered work-related. Hello Anil, I couldnt find a way to post a new message here. After that, I could file concurrently for H1B, H4 extension and H4 EAD under premium processing per the new policy. It is not clear if USCIS will allow one single premium processing fee together for primary and dependent applications. Yes, you can. 4. At present, there is no option for H4 EAD extension premium processing. Sounds like, by the end of this year, the H4 & H4 EAD PP would be implemented eventually. Its still a long waiting period. All forms of employment require an EAD. 1 LINDEN PLACE SUITE #207 | GREAT NECK | NY | 11021 | UNITED STATES. It is also a violation of your nonimmigrant status. If the company you work for in your home country doesnt have any corporate presence in the United States, youre registered as an employee of that company in your home country and the company deposits the money into your bank account in your home country and in the currency of your home country, you arent working in the United States. The premium processing fee for H4 EAD using form I-765 form is going to be $1,500. Employment authorization is incorporated into the visa itself, even for spouses. Citizenship and Immigration Services (USCIS), H.R.8337 116th Congress (2019-2020): Continuing Appropriations Act, 2021 and Other Extensions Act | Congress.Gov, Automatic Employment Authorization Document (EAD) Extension | USCIS. You will see the status say, sent for printing. The 540-day extension does not apply to H4 EAD, so H4 EAD holders need to plan accordingly. Carl Michael Shusterman. I have y wife h4 pending for 4 months. Listen to both of them and make sure that your approach to investment would legally be seen as personal rather than professional. There are many factors that go into the H-1B processing time including whether your spouses petition is cap-subject or cap-exempt, how busy the USCIS service center is, whether your spouse used premium processing. DHS hopes to have H-4 EAD premium processing available by the year 2025. Now, with this new rule, H-4 holders can apply for Employment Authorization Documents (EAD) in order to work in the U.S. freely. Does that jeopardize H4 EAD or my H1B transfer? Investments arent considered employment. Regulatory . But its still good news for us. Complete Guide to the H4 Visa in the U.S. The rule is classified as a major rule. These type of rules generally require a 60-day implementation delay from the date of publication. The maximum fee and processing time for EB-1C (multinational executives and managers) would be $2500 and 45 days respectively.The change of status to F, J, and M fees will be a maximum of $1750 and will be processed within 30 days.The extension or change of status to E, H, L, O, P, or R, will carry a cost of $1750 and the processing should be completed within 30 days.The good news is that premium processing for EADs (H4 and L2 EAD included) will cost $1500 to get approval within 30 days. Lying or exaggerating the truth can lead to much more serious consequences than having your H-4 denied. EB1-C i-140 premium to start in 2022. Oct 1, 2020 - President Trump signs Bill HR 8337 into law. As of now, we do not have the text published for the same. The best advice is to answer honestly and to say that you dont know the answer to a question if you are unsure. Many households need two incomes in order to make ends meet. Once Biden administration takes office, they make take it up. Weve received many questions regarding qualifications, documentation required, processing procedures and the. Change US Consulate interview location on DS-160 after Submission? Conclusion Below are the screenshots that indicate the same. N-400: Application for Naturalization; Useful Info. Do the H4 EAD approval team see me as a guy who's going to jump the ship soon after . Similarly, the biometric appointment will also be a major hurdle in the H4/L2 extensions premium timeline. The second recommendation is that the premium processing service be made available for H-4, L-2, and EAD applications. H4 Employment Authorization Document (EAD) I Forms. Divyendu, Yes, H4 EAD will also start in FY 2025. Fifteen days to get EAD card. The plan is to H-4 EAD premium processing fee at $1,500 for approval within 30 days. We will update here if new information is made available for this. USCIS rules have recently fluctuated for H1B premium processing availability. The premium processing fee for H4 visa extensions and change of status (COS) using form I-539 form is going to be $1,750. If you would like to speak to an attorney about obtaining an EAD card under H-4 status, click the button above to schedule your consultation today.

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